West African
Plantation Workers Sue Chemical Companies for Genocide
(Beyond Pesticides, September 28, 2006) The Metzger
Law Group is suing Shell Chemical Company, Dow Chemical Company, Amvac
Corporation, and Dole Food Company on behalf of 668 West African plantation
workers, claiming that the pesticide dibromochloropropane (DBCP) caused
them to become sterile. DBCP, a soil fumigant sold under the brand names
Nemagon and Fumazone, was banned by EPA 27 years ago because it causes
physical deformities, sterility, cancer, and birth defects.

The plaintiffs claim
that the chemical companies and plantation owners broke international
law and committed crimes against humanity by using a banned pesticide
on a plantation in the Ivory Coast. Many of the workers were exposed
when they were children. The workers were never told about the hazards
of DBCP, nor given protective equipment. Half of the workers tested
are sterile and many suffer from other physical injuries, as well.

According to a press
release by the Metzger Law Group, regarding the sterility of plantation
workers, one of Shell’s employees has been quoted as saying: “From
what I hear, they could use a little birth control down there.”

The suit is brought
under the Alien Tort Claims Act, a federal statute that allows foreigners
to seek redress for wrongs committed abroad in US federal courts. The
violations of international law are based on the Convention against
Genocide and Crimes against Humanity. The complaint was expected to
be filed on September 27, 2006, at the Los Angeles Federal District
Courthouse.

Dole and the chemical
companies have faced similar charges in the past regarding their sale
of DBCP to plantations in developing countries. In November
2004, thousands of banana workers in Costa Rica filed a lawsuit
against Shell Chemical Co., Dow Chemical Co., and the banana giants
Dole Food Co., Chiquita Brands International Inc. and Fresh Del Monte
Produce Co. Similar lawsuits by Nicaraguan workers were also filed in
January 2003 and December 2002, in
addition to a series of DBCP-related lawsuits banana workers filed against
these companies during the late 1970s and early 1980s.

Despite overwhelming
evidence, no US court has ever ordered one of these companies to pay
compensation to the workers. In 2001, Nicaraguan courts ordered Shell
Chemical Co., Dole Food Co., and Dow Chemical Co. to pay 489 million
dollars to 500 male banana workers made sterile by DBCP. But the companies
refused to pay and, led by Dole, they counter-sued the claimants for
fraud and asked for 17 billion dollars in damages. For the most part,
US judges have argued that their courts are not the appropriate arenas
for trying these cases, and only a very small percent of the rejected
cases are re-filed in other countries, where plaintiffs' rights are
often much weaker than the US.

TAKE ACTION: Boycott Dole Food Company, Shell
Oil Company, Dow Chemical Company
and Amvac Chemical Company until these corporations discontinue the
use of DBCP and compensate those workers who were poisoned. Now is the
time to get involved in the campaign to take action against Dow Chemical
Company - this lawsuit is only one of many examples in which Dow repeatedly
abuses its corporate power at the expense of workers' health. See Beyond
Pesticides’ Dow Chemical Campaign
to learn about ways to take action against Dow.